You don't have any option other than sender them a legal notice and approaching labour court. If you file writ petition it will also suffice but legal expenses may be high. Any legal action against then will take time.
Bank is not relieving me after serving due notice period
I am an officer scale -iii (under probabtion)serving in one Regional Rural Bank in Gujrat. I have been selected in another RRB at Rajasthan which is my home state. I have tendered my resignation (notice) to the Bank on 05/02/18. As per our employment terms and Service rules of the Bank which are published on Govt Gazzete and approved by Govt of India and were agreed upon at the time of joining clearly state termination of service can be done by serving a notice period of one month if officer is in probation. Whereas, Bank has given me a letter that I can't be releived before completion of statutary audit of the Bank which normally takes place in May- June. I have served one month notice which was completed on 03/03/18 as 04/03/18 being Sunday. Bank is denying my writefull demand of leaving organization and Management behaving arbitrarily to destroy my Career. I want to file writ against Bank but hesitating as it might take time to get relief from the Bank. However, I have to join other RRB in April first week which is not possible without proper releiving from the Bank. Please advice right course of action.
Asked 6 years ago in Constitutional Law
10 Answers
They cannot act in this arbitrary manner.
The Bank is bound to act in terms of the Service Rules which stipulate that only one month notice period is required to be served in the probation period.
Immediately approach the Ahmadabad High Court and file a writ of mandamus. The show will grant indulgence to you.
Hello,
Go ahead and file the writ, this petition wont take long and will be decided in a months time.
Even if the writ is not decided obtain an interim order that you be allowed to join other bank.
Contact a local lawyer and file a writ in the HC under art 226 of the Constitution of India.
Regards
Seek extension of time go joining another RRB as your organisation is not giving you relieving letter
2) legally you have to serve one month notice period during probation period
3) however if bank refuses to relieve you then you have to take legal proceedings against the bank which is long drawn and expensive proposition
1. Since you have followed meticulously the rule which specifies one month notice period, the management should have relieved you on the last working day completing the notice period.
2. Based on the appointment order issued to you detailing the employment terms and conditions wherein the conditions are successfully met by you, the management has to have relieved you.
3. Send a legal notice to the management seeking immediate relief.
4. Another viable option is to request your prospective employer for extension of time to join in the new assignment for about 3 to 4 months and by which time the statutory audit of the bank would be over.
Please note bank is bound to act by service rules and regulations. They cannot act arbitrarily. Send them legal notice to relive you or approach the labour court. Since you have served one month notice you can send them legal notice.
First of all for safer side write a letter to RRB authorities seeking extension of time for joining explaining the issue.
Secondly wait till your notice period is getting expired on very next day serve them a legal notice to relieve you.
Thirdly since you not contravened with any provision of the service agreement and rules and you are entitled to relief file a writ before high court seeking directions for bank authorities to relieve you as soon as possible.
kindly contact with further details and other terms of your contract
1. A writ will be maintainable only if the bank is a public sector bank and not a private bank.
2. Since you have served the notice period the bank is liable to make a full and final settlement and release you. It is bound to issue a relieving letter if you have tendered your resignation in accordance with rules.
3. You may initially serve a lawyer's notice to the bank, and if even then you are not relieved then a suit for mandatory injunction may be filed against it in the competent civil court.
Dear Sir,
The only course open to you to approach High Court seeking interim relief to accept you in RRB subject to objection if any raised by your previous employer. You will succeed if you file a Writ Petition.
If relieving order is an essential document for joining the new employment then you may first issue a legal notice demanding the same after that you may approach high court with a writ petition seeking relief and remedy.
The writ disposal won't take much time.
